-10- Petitioner argues on brief that his reliance on materials (the tax protester materials) and seminars provided by Irwin Schiff (Mr. Schiff), constitutes reasonable cause for his failure to file a tax return. Further, he asserts that, because he relied on the tax protester materials, he did not willfully neglect to file a proper tax return. The tax protester materials, according to petitioner, misled him into believing that a return was not required. Petitioner also asserts that he relied on the Ninth Circuit’s decision in Long and believed that his 1040 document was a valid tax return. We reject petitioner’s arguments. First, petitioner did not testify at trial and did not introduce any evidence regarding his alleged reliance on the tax protester materials. Petitioner first asserted that he relied on the tax protester materials in his posttrial brief. Statements in briefs do not constitute evidence. See Rule 143(b); Shepherd v. Commissioner, 115 T.C. 376, 399 n.22 (2000), affd. 283 F.3d 1258 (11th Cir. 2002). Petitioner also asserts that he relied on Long and that his reliance constitutes reasonable cause to believe that the 1040 document qualified as a return. Although petitioner cited Long in the attachment to his 1040 document, petitioner did not cite Long in his petition, his amended petition, or in his pretrial memorandum. Nor did he testify or introduce other evidence at trial concerning his alleged reliance on that case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011